What is the statute of limitations on traffic tickets in Louisiana and
what stops and starts the clock?

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Request for Question Clarification by expertlaw-ga on 17 Nov 2002 10:04 PST

Dear granpalew,

What type of traffic ticket is involved?

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Request for Question Clarification by tutuzdad-ga on 17 Nov 2002 16:18 PST

Dear granpalew-ga

What exactly are you referring to when you say “statute of
limitations”? There are many issues to consider:

Was the ticket for a misdemeanor violation or a felony? Was this a DWI
(DUI)? Was there an accident involved? If so, was this a hit-and-run?
Were there personal injuries? Was there any damage to property?

There will be a statute of limitations that governs the time in which
the original offense can be prosecuted.

There will be a statute of limitations that governs the time in which
the warrant for your arrest (for Failure to Pay Fine or Failure to
Appear), that most likely would be issued, can be prosecuted.

There will be a statute of limitations that governs the time in which
the state, through a compact agreement with other states, can order
your driver’s license to be suspended for failing to pay the fine.

And finally, if it has not already been enacted, Louisiana is
considering a House Bill (HB1170) that will enable law enforcement
agencies to report delinquent fines to collection agencies. Whether
there will be a statute of limitations that governs the time in which
this can be done remains to be seen.

Please clarify these issues and state whether you are just interested
in knowing about the limitations on the ticket itself or any/all of
the other issues.

Thanks
Tutuzdad-ga

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Clarification of Question by granpalew-ga on 18 Nov 2002 07:01 PST

There was no accident involved. The tickets were for not having a
valid drivers license and failure to obey a traffic sign.

Dear granpalew-ga;

I called the Craig Gibbs law firm (888-525-4361) in New Orleans,
Louisiana (Mr. Gibbs is the former Assistant District Attorney,
Jefferson Parish, Louisiana, the largest suburb of New Orleans and is
now in private practice). In response to your question I was advised
that there is no statute of limitations on a traffic offense,
misdemeanor or otherwise, in the state of Louisiana. Once you have
been served with the summons to appear (the ticket) the Louisiana
courts consider you duly and properly notified of your court date. If
you do not appear in answer to the summons, it is assumed by the court
that you have “fled the jurisdiction” and the state will pursue
criminal charges against you "indefinitely".

In order to confirm my understanding of this practice, I offered the
comparison of how, in my own state (I have been in law enforcement
myself for more than 20 years), a ticket is issued to an offender, and
if the non-paying offender is not located for a period of more than
one year the state will move to “nol pros” the case (“nol pros” is
short for the latin, "nolle prosequi", which means literally “I will
not prosecute”). This in effect, drops all charges against the
offender. Again, I was told that this is not the case in Louisiana. If
you do not pay, the charges against you will stand indefinitely. In
addition, if you are arrested, you will also face contempt of court
charges for having missed your court date.

I wanted to confirm this information from some reliable source other
than a paid defense attorney in order to make certain that my
information was correct, so I sought to get confirmation from a
Louisiana District Attorney’s office. I called the Ascension Parish
District Attorney’s Office (225-647-6284) and was told almost exactly
the same thing. Unlike some other states, according to Louisiana law,
a person who does not pay a traffic fine is wanted indefinitely, and
no statute of limitations exists which prevents their eventual arrest
for the original offense and the additional offense of contempt of
court.

I hope you find this information helpful. I look forward to working
with you again in the near future.

Best regards;
Tutuzdad-ga


INFORMATION SOURCE:

“Craig E. Gibbs, Attorney At Law”
http://www.criminalanddivorcelaw.com/DUI/dui.html

Ascension Parish, Louisiana, District Attorney’s Office (225-647-6284)


SEARCH STRATEGY

Search engine used:
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Search terms used:
Louisiana, Traffic, Attorney
Louisiana, “District Attorney”

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Clarification of Answer by tutuzdad-ga on 18 Nov 2002 13:54 PST

As for your question about “what starts and stops the clock”, the
issue is irrelevant in Louisiana. Since no statute of limitations
exists in that state with regard to traffic tickets, the proverbial
clock would start at the moment the ticket is issued. Because the
state does not recognize limitations on the time in which the original
offense can be prosecuted, the proverbial clock in Louisiana never
stops.

Again, I appreciate this opportunity to answer your question.

Best regards;
Tutuzdad-ga